Onix Web Development
TubTap End User License Agreement for Embedded Technology Solution
This End User License Agreement ("Agreement") is by and between Onix Web Development, LLC ("Onix"), a California Limited Liability Company, and you, your heirs, assigns, agents and contractors ("You"). This Agreement sets forth the terms and conditions of Your use of Onix's TubTap Service ("TubTap") and represents the entire Agreement between You and Onix. By using Onix's TubTap, You acknowledge You have read, understand and agree to be bound by all the terms and conditions of this Agreement.
Onix reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.onixwebdevelopment.com/tos
Onix grants You a non-exclusive license to use TubTap (the "Application") for the purpose of displaying It's ("TubTap's") web pages containing information and images of hot tubs and spas on Your website. You are free to use TubTap on ONE (1) website domain name and that domain name must be on file with Onix. You may customize or modify the appearance of TubTap pages as provided and allowed by the Control Panel.
Some of the photographs represented and served by TubTap's Servers through the embedded technology are based on copyrighted photographs by other parties including: Watkins Manufacturing, Hot Spring Spas, Limelight Hot Tubs, and Hot Spot Spas. Many photographs are the sole property of Onix. However, ALL of the digital forms of those photographs are the exclusive property of Onix. These include but are not limited to images of hot tubs cabinets (side view images) where the color of the cabinet has been digitally altered so that it appears to be of another color or texture, a product color or textured offered by the manufacturer but in cases where the manufacturer has no such image. It also applies to hot tub shell (aerial view images) where the color or texture of the hot tub shell has been digitally altered to appear as another color option offered by the manufacturer but in cases where the manufacturer has no such image. THESE DIGITALLY ALTERED IMAGES ARE THE SOLE PROPERTY OF ONIX AND WILL BE RIGOURLSLY PROTECTED AND DEFENDED AGAINST COPYING OR REPRODUCTION BY OTHER PARTIES.
Although some of the images served through TubTap's embedded solution are based on photographs copyrighted by other parties, the digital representation of these images are the sole property of Onix. Although an image may represent a photograph taken and copyrighted by another party, the digital representation of that photograph, including but not limited to, the overall size, width, height, and pixel-by-pixel representation of the original photograph is the exclusive property of Onix. It is therefore imperative that you do not save or reproduce images provided by TubTap's embedded technology, even if you believe they are copyrighted by Watkins Manufacturing, Hot Spring Spas, Limelight Hot Tubs, or Hot Spot Spas. Watkins Manufacturing, Hot Spring Spas, Limelight Hot Tubs, and Hot Spot Spas do not have any rights or authority to TubTap's digital format of Their photographs served through TubTap's embedded solution. TubTap is the exclusive copyright holder of all digital images served through our embedded solution. Therefore, if you need a copy of a photograph taken by one of the aforementioned parties you must receive it directly from them and not through any website using TubTap's embedded technology.
- A valid credit card is required for accounts.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Onix does not accept any liability for such loss.
- Onix reserves the right to review every account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowable levels.
- We reserve the right to modify pricing through email notification.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is considered cancellation. You can cancel your account at any time.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Onix, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Onix service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Onix reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Onix reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time via email to the primary email address you have on file with Onix.
- Onix shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email or telephone.
- You understand that Onix uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Onix, or any other Onix service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Onix.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Onix) of other TubTap customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption or pay extra fees for such overages.
- Onix does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Onix shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Onix has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Onix to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Onix and govern your use of the Service, superceding any prior agreements between you and Onix (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.